[2019] KEHC 32 (KLR)
The court found that the applicant had only served 7 days of the 6-month imprisonment term imposed for the serious offence of manufacturing and possessing Chang'aa. The sentence was deemed lawful and lenient, and the plea was unequivocal. The court held that there was no basis for revision at this early stage and...
Source-derived case information.
- Citation
- [2019] KEHC 32 (KLR)
- Parties
- Applicant: Charles Opondo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 114 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application declined
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Manufacture of Illicit Liquor, Possession of Illicit Liquor
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Opondo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to revision of sentence after serving only 7 days of a 6-month imprisonment term for manufacturing and possessing Chang'aa.
- 2 Whether the sentence imposed was lawful and appropriate given the seriousness of the offence.
Ratio Decidendi
The court found that the applicant had only served 7 days of the 6-month imprisonment term imposed for the serious offence of manufacturing and possessing Chang'aa. The sentence was deemed lawful and lenient, and the plea was unequivocal. The court held that there was no basis for revision at this early stage and advised the applicant to file a fresh request after serving at least one month in prison if he wished to pursue revision on merit.
Court Disposition
application declined
Orders
- The request for revision is rejected as premature.
- The applicant may file a fresh request after serving at least one month in prison.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 114 OF 2019
CHARLES OPONDO...............................................................................APPLICANT
VERSUS
REPUBLIC...........................................................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No. 1180 of 2019 at Siaya Principal Magistrate’s Court, delivered on 13. 12. 2019)
RULING
1. The convict Charles Opondo was convicted for the offence of manufacturing Chang’aa and being in possession of Chang’aa. This was on 13/12/2019 vide Siaya PM’s court Cr. Case No, 1180/2019.
2. He was fined Kshs. 18,000/= in default to serve 6 months imprisonment. He has been in prison for only 7 days.
3. The request for revision is rejected as the applicant has only served 7 days of the 6 months imprisonment The convict is at liberty to file a fresh request after serving at least one month in prison for consideration on merit as the offence of manufacturing changaa is serious and the sentence imposed is lawful and lenient. The plea was also unequivocal.
4. The application is declined.
5. File closed.
6. Orders accordingly.
Dated, signed and delivered at Siaya this 20th Day of December 2019
R.E. ABURILI
JUDGE